A Federal Constitution for the European Union

A constitution is more likely to be accepted if it federalizes those issues that are
widely seen as needing complete harmonization. A constitution is more likely to endure if the
federal government does not have powers that are not vital to it but which may alienate some
member states to the point that the federal government loses legitimacy. It appears vital to
have trade policy at the European Union level; for euro countries, monetary policy is already
federalized. It is not clear that common foreign and defense policies are needed; insisting on
common foreign and defense policies may lead to conflicts within and across member states
that severely weaken the Union, conceivably contributing to eventual collapse. Insisting on
harmonization of commercial codes does not have the destructive potential of attempting
completely to harmonize defense and foreign policies; it may, however, lead to needless
conflict that helps drain the reservoir of goodwill that the European Union will need for
dealing with other conflicts amongst member states.